Clients invariably ask, “What do you uniquely guarantee?” At this Law Office, we will tell you straight: “Not every case is a winner; NO case is a loser.” Engage us and we will get you the best possible result. Hence, we ask, “What can we do for YOU today?”
Established by K. Lawson Wellington in 1996, the firm is dedicated to serving clients with personal injury/accidents, family law – divorce, custody and support – and criminal defense matters. Our philosophy stems from the belief that our clients deserve personal attention, ethical treatment and exceptional representation.
INJURED in Washington, DC and Maryland?: A PRACTICAL GUIDE TO YOUR RIGHTS AND RESPONSIBILITIES
INJURED In a Bus, Truck or Car Accident?: Know Your Legal Rights by Speaking With An Attorney Immediately
Five (5) essential steps to follow if you have been involved in an accident; either a car, truck or bus accident or a slip and fall.
1. Step Number One: SEE YOUR DOCTOR IMMEDIATELY FOR A DIAGNOSIS!
A comprehensive examination and a treatment plan must be devised. Attend all doctor visits scheduled by a medical or chiropractic physician. Work with your doctor and focus on getting better.
2. Step Number Two: COMPLETE AN ACCIDENT/INCIDENT REPORT!
If you have been involved in a car accident, always complete a car accident report. Even if the amount of damage appears to be relatively insignificant, you should nevertheless complete a report so as to protect yourself legally and document the facts of the accident.
3. Step Number Three: TALK TO NO ONE ABOUT THE ACCIDENT UNTIL YOU KNOW YOUR LEGAL RIGHTS!
After the accident, do not talk to anyone, even your own insurance company, about what happened in the accident. (Note: You must put your insurance company on notice of the accident- preferably through your lawyer.) Even incidental or side comments by you may jeopardize or reduce the value of your claim. Talk to no one— until you have consulted with a personal injury attorney.
4. Step Number Four: DO NOT DISCUSS FAULT!
Although you may feel you did something wrong, the legal rules establishing liability and fault are very complex, and you may not be liable at all. Know your legal rights before you talk to anyone about fault. Consult with a lawyer before talking to anyone about fault.
5. Step Number Five: GET A FREE LEGAL OFFICE OR TELEPHONE CONSULTATION!
Even simple accidents such as a rear-end car collision or a simple slip and fall can present or balloon into very complex legal problems.
If you have been injured remember this: It is not just about you, it’s also about your family.
Do not gamble on an attorney. Accidents do happen but choosing an attorney should not be an accident. Choose a lawyer who has the experience, the expertise, the sheer competence, the knowledge, the skill and, above all, the fighting spirit—one who not only knows the law, but also will believe in you and your claim—to vigorously and enthusiastically pursue your claim. Select a lawyer who understands how insurance companies investigate, process, litigate and/or ultimately settle personal injury claims. If you want to have brain surgery, my goodness, go to the brain surgeon!
CALL THE LAW OFFICES OF K. LAWSON WELLINGTON TODAY FOR A FREE INITIAL CONSULTATION.
Remember: “We Champion The Cause Of The Injured”
If WE DO NOT RECOVER MONEY FOR YOU AND YOUR FAMILY, WE DO NOT GET PAID.
Even a simple accident such as a rear-end car collision can present very complex legal problems. So call the Law Offices of K. Lawson Wellington to ascertain what steps to take to protect your rights.
There are 4.5 million new whiplash injuries in the United States every year. Whiplash injuries from auto accidents can considerably disrupt one’s daily routine. If left untreated, could create other health problems. See your physician immediately for diagnosis and retain a DC Personal Injury Lawyer to preserve your legal rights.
Listen up please, insurance companies will not pay the full value of your claim—your pain and suffering, your inconvenience, your family’s loss of your society and companionship, your income loss, your loss of consortium—unless their hands are forced. They have an army of adjusters, investigators, appraisers and lawyers who will leave no stone unturned to deny your claim and, if they cannot deny your claim, to reduce or diminish the value of your claim.
HIRE A LAWYER WHO WILL ENGAGE THEM AND DO BATTLE WITH THEM AND RECOVER THE MONEY TO WHICH YOU AND YOUR FAMILY ARE ENTITLED. CALL US NOW AT 1-202-486-1186 OR SEND US AN EMAIL AT [email protected].
If you have not been in an accident or injured:
This is the time to pull out your auto insurance declaration sheet (i.e., DEC. PAGE) and review it and know exactly what is covered and by how much. Why pay that insurance premium month after month, year in and year out, when you do not know for sure what is covered and by how much.
Ask your insurance agent the following questions:
1. How much is my Personal Injury Protection coverage? (PIP—covers income loss and medical bills and cost of household help, etc.)
2. How much is by bodily injury liability coverage
3. How much is my property damage coverage?
4. Do I have care rental coverage?
5. How much is my “uninsured and underinsured” motorist coverage?
Do yourself and your family (and even your employer) a big favor by calling the Law Offices of K. Lawson Wellington for a free review of your Auto Insurance Coverage before it is too late!
AND, REPEAT AFTER ME:
WHATEVER I DO, I WILL NOT LET MY AUTO INSURANCE POLICY LAPSE! I WILL MAKE SURE I PAY MY PREMIUM TIMELY.
WHATEVER I DO, I WILL NOT WAIVE MY RIGHT TO SUE, I DO NOT CARE HOW MUCH THEY SAY I WILL SAVE UPFRONT.
WHATEVER I DO, I WILL NOT WAIVE MY PERSONAL INJURY PROTECTION (PIP) COVERAGE. (NOW I KNOW THAT EVEN IF I AM AT FAULT IN ANY ACCIDENT AND IF I HAVE PIP COVERAGE, MY MEDICAL BILLS AND INCOME LOSS WILL BE PAID AND THAT IS WHY IT IS COULD NO-FAULT COVERAGE.)
Each year millions of injuries are the result of automobile accidents. Statistics show that 93% of all crashes are due to human error. If you have been injured by someone’s error or negligence, or if you have been injured in a car accident, call the Law Offices of K. Lawson Wellington for prompt legal help. Do not sleep on your rights. Preserve your legal right early or forever lose it! We champion the cause of the injured. Call us today at: 1-202-486-1186 (24 hours a day, 7 days a week) or you may send us an email at: [email protected].
Be sure a lawyer is looking out for your rights while you are recovering from your injury. Do not wake up only to learn that your rights have vanished into the thin air!
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Help Through the Legal Maze
There is no substitute for enlisting the aid of a competent, professional law firm to guide you through the intricacies of the complex legal system and to advocate on your behalf. You will find that attorney Wellington’s commitment to quality representation begins with prompt responses to your inquiries, complete explanations of your choices and thorough preparation of your case.
Counsel You Can Trust
When the time comes to make legal decisions that will affect your future, you can rely on DC lawyer K. Lawson Wellington to focus on your needs and goals and to represent you aggressively and fairly. Our track record and reputation for zealous advocacy in the Washington, DC area has grown out of our dedication to building long-lasting client relationships.
Prepared to Represent You; Focused on Your Needs
Successful representation requires a thorough understanding of the law and meticulous preparation. Beyond our academic credentials and legal experience, we invest in continuing legal education and training to ensure that our knowledge of Washington, DC law is current and accurate.
Open attorney-client communication is the other ingredient of successful representation. To properly represent your interests, we spend the time to learn about your needs and goals. We also work to translate “legalese” into understandable terms so you are clear about your legal standing and options and can fully participate in the legal process. In DC attorney K. Lawson Wellington, you have a legal advocate truly dedicated to your welfare. We believe effective representation does not require ethical compromise, and we have a reputation for zealous representation to prove it.
Washington, DC DUI and OWI:
In DC, DWI/DUI means potential suspension of driving privileges by DMV. Understand you must pay particular attention to the “Official Notice of Proposed Suspension” that you in all likelihood signed and given a copy by the officer. There is a deadline that needs to be met in requesting a hearing at the DC Department of Motor Vehicles. Your license can be suspended simply for not requesting this hearing in a timely fashion. Give us a call today so we can help guide you and protect your driving privileges.”
Washington, DC DUI Penalties
Driving Under the Influence (DUI)
Driving under the influence (DUI) is the most serious impaired driving offense an individual can be charged with in the District of Columbia. It is important to have a knowledgeable defense attorney when charged with a DUI in DC. The DUI offense consists of two elements. First, the government must prove that the defendant was “operating” or in “physical control” of the vehicle. Second, the government needs to prove that the defendant’s ability to operate or control the vehicle was impaired as a result of either drug and/or alcohol intoxication. D.C. Code 50-2201.05(b).
The penalty for a first conviction of a DUI charge is a $1,000 fine and 0 to 180 days in jail – this can be suspended. However, it is important to know that if the blood alcohol concentration (BAC) of the defendant at the time a BAC test is administered is 0.20 grams or greater per 100 milliliters of blood, a 10 day mandatory minimum sentence of imprisonment shall be imposed. If a BAC test results above 0.25 grams per 100 milliliters of blood there is a mandatory 15 day jail term . If a BAC test results above 0.30 then there is a mandatory 20 day jail-term.
DUI Penalties With a Prior DUI Conviction
The penalty for a second DUI conviction within a 15-year period is a $2,500 – $5,000 fine and a sentence of up to one (1) year. Such a conviction also carries with it a mandatory minimum ten (10) days jail sentence which must be imposed and cannot be suspended. It also must be served straight with no weekends option. If the defendant’s blood alcohol concentration (BAC) is 0.25 grams or greater per 100 milliliters of blood during the second arrest, a minimum 15 days days of mandatory imprisonment is imposed. If a BAC test results above 0.25 grams per 100 milliliters of blood there is a mandatory 20 day jail term. and a 25-day jail-term for a test result above 0.30.
The penalty for a third or subsequent conviction within a 15-year period carries a fine of $2,500-$10,000 and a mandatory 15-day period of incarceration. If the blood alcohol concentration (BAC) during a third or subsequent conviction is at least 0.20 grams per 100 milliliters of blood, then the defendant is subject to a 20 day mandatory-minimum term of incarceration. If a BAC test results above 0.25 grams per 100 milliliters of blood a mandatory 25 day jail term is imposed. For a BAC test result above 0.30.a 30-day jail-term will be imposed.
Operating While Impaired (OWI)
OWI is the simplest, and just about the, easiest of the impaired driving or so-called “drinking and driving” offenses for the government to prove against a defendant, who is so charged. When prosecuting this particular offense, the government need only prove that the defendant’s ability to operate a vehicle was “noticeably impaired” by the consumption of “intoxicating liquor.” However, the operating while impaired (OWI) offense imposes the lightest penalties out of the three impaired driving charges. A first conviction carries a $500 fine and a maximum sentence of 90 days. D.C. Code 50-2201.05(b).
A second conviction within a 15-year time period carries a $1,000 – $2,500 fine and incarceration of up to a year, 5 days of which cannot be suspended. A third or subsequent offense within a 15 year period carries a $1000-$5000 fine and a 10-day to one year sentence, with a mandatory minimum of 10 days. D.C. Code 50-2201.05(b).
Driving While Intoxicated (DWI)
The government needs to prove two things to obtain a conviction for DWI (driving while intoxicated) in D.C. First, it needs to prove that the defendant was “operating” or in “physical control” of the vehicle. This does not require that the defendant be actually driving the car. Sitting at the wheel with the keys in the ignition is sufficient for the court to infer operation or physical control. Second, the government must prove that, at the time of testing, the blood alcohol concentration of the person operating the car was 0.08 grams per 100 milliliters of blood or greater. Unlike the related offense of driving under the influence, the prosecution does not need to prove impaired driving through intoxication. D.C. Code 50-2201.05(b).
The penalty for a first conviction of DWI is a $1,000 fine and up to 180 days in jail – all of this can be suspended.
It is important to note, however, that if the blood alcohol concentration (BAC) of the defendant at the time of testing is 0.20 grams or higher per 100 milliliters of blood, there is a 10 day mandatory minimum sentence of imprisonment. If a BAC test results above 0.25 grams per 100 milliliters of blood there is a mandatory 15-day jail term. If a BAC test results above 0.30 then a there is a mandatory 20 day jail-term.
The penalty for a second conviction within a 15-year period is a $2,500 – $5,000 fine and a sentence of up to one (1) year, with at least 10 days which must be imposed and cannot be suspended. If a defendant’s blood alcohol concentration (BAC) is 0.20 grams or greater per 100 milliliters of blood during a second arrest, a minimum 15 days days of mandatory imprisonment is imposed. If the defendant’s blood alcohol concentration (BAC) test results above 0.25 grams per 100 milliliters of blood during a second arrest there is a mandatory 20 day jail term. If the defendant’s blood alcohol concentration (BAC) is above 0.30 there is a mandatory 25-day jail-term. The penalty for a third or subsequent conviction within a 15-year period is a fine of $2,500-$10,000 and a mandatory 15-day period of incarceration. If the blood alcohol concentration at third or subsequent is at least 0.20 grams per 100 milliliters of blood, the defendant must serve a 20 day mandatory-minimum term of incarceration, a mandatory 25 day jail term for a test result above 0.25 grams per 100 milliliters of blood and a mandatory 30-day jail-term for a test result above 0.30.
DC DUI & DWI Statute Definitions:
§ 50–2206.11. Driving under the influence of alcohol or a drug.
No person shall operate or be in physical control of any vehicle in the District:
(1) While the person is intoxicated; or
(2) While the person is under the influence of alcohol or any drug or any combination thereof.
§ 50–2206.13. Penalties for driving under the influence of alcohol or a drug.
(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50?2206.11 or § 50?2206.12 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both; provided, that:
(1) A 10-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or
(2) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or
(3) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and
(4) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48?902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.
(b) A person violating any provision of § 50?2206.11 or § 50?2206.12 when the person has a prior offense under § 50?2206.11, § 50?2206.12, or § 50?2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed, and in addition :
(1) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or
(2) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.32 grams per 100 milliliters of urine; or
(3) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and
(4) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48?902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.
(c) A person violating any provision of § 50?2206.11 or § 50?2206.12 when the person has 2 or more prior offenses under § 50?2206.11, § 50?2206.12, or § 50?2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $10,000, or incarcerated for not more than one year, or both; provided, that a 15-day mandatory-minimum term of incarceration shall be imposed, and in addition:
(1) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or
(2) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or
(3) A 30-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and
(4) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as defined in § 48?902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.
(d) An additional 30-day mandatory-minimum term of incarceration shall be imposed for each additional violation of any one or more provisions of § 50?2206.11 or § 50?2206.12 if the person has 3 prior offenses under § 50?2206.11, § 50?2206.12, or § 50?2206.14 and is being sentenced on the current offense.
(e) The fines set forth in this section shall not be limited by § 22?3571.01.
§ 50–2206.14. Operating a vehicle while impaired.
No person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or any combination thereof.
§ 50–2206.17. Additional penalty for driving under the influence of alcohol or a drug; commercial vehicle.
A person violating any provision of § 50?2206.12 shall, in addition to any applicable penalty under section § 50?2206.13, be subject to an additional 5 day mandatory-minimum term of incarceration.
§ 50–2206.18. Additional penalty for impaired driving with a minor in vehicle.
(a) A person convicted of any offense under this part who, at the time of operation or physical control of the vehicle had a minor, other than him or herself, in the vehicle, shall, in addition to any applicable penalty under this part:
(1) Be fined a minimum of $500 and not more than $1,000 per minor; and
(2) Be incarcerated for a mandatory-minimum term of incarceration of:
(A) 5 days per minor if the minor or minors are restrained in, or by, an age-appropriate child passenger-safety restraint; or
(B) 10 days per minor if the minor or minors are not restrained in, or by, an age-appropriate child passenger-safety restraint.
(b) The fines set forth in this section shall not be limited by § 22?3571.01.
Potential Penalties For a First DUI Conviction in the District of Columbia
Automatic suspension of DC driving privileges. Length of suspension will be determined by a hearing at the District of Columbia Department of Motor Vehicles
May be required to install an ignition interlock device if granted a restricted license
May be required to submit to regular drug and/or alcohol testing
May be required to enter a drug and/or alcohol program
Likely will be required to attend and/or complete:
– Traffic Alcohol Program
– Traffic Safety Program
– Victim’s Impact Panel
With a BAC above .20, an individual must serve a mandatory 10 days in jail.
With a BAC above .25, must serve mandatory 15 days in jail.
With a BAC above .30, must serve mandatory 20 days in jail.
Twelve (12) points on driver’s license and automatic suspension.
Drug Possession:
In Washington, DC, a drug possession conviction means suspension or revocation of your DC driving privileges.
